Breach (235,-666)
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Keywords: Breach
Total judgments found: 168
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Judgment 1889
87th Session, 1999
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 6-7
Extract:
The complainant was assigned to Chad in 1991 and contracted Hepatitis B in 1993. "The Appeals Committee considers that the medical service did not completely fulfil its role and did not offer the staff member concerned the advice that it could have supplied. The Appeals Committee even refers to responsibility being equally shared'. In practice, there could be no grave fault of the medical service incurring the responsibility of the organization unless the protective measures recommended by a competent authority had been disregarded. In the material case, the organization demonstrates that in 1991 [...] the World Health Organization's guidelines did not specifically recommend vaccination against Hepatitis B for persons posted to African countries affected by an endemic illness of this type."
Keywords:
breach; illness; liability; medical consultant; negligence; no provision; organisation; organisation's duties; rule of another organisation; service-incurred;
Judgment 1804
86th Session, 1999
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 12-14
Extract:
The promotion of Mr C., presented as the fulfilment of a promise made to him on recruitment, gave rise to a decision adopted on 7 December 1994. "Only that decision was notified to the staff. So the complainants, who were unaware of the promise, were in good faith in challenging the promotion on the grounds that it was in breach of the Rule it actually cited. So they were right in saying that Mr C. had been promoted to A4 even though he did not fully qualify under the [relevant] rules [...]. Because of the unusual circumstances in which Mr C. was promoted the complainants were also right to challenge the decision: the [Organization] had on the face of it failed to observe the general principle of equal treatment because in promoting Mr C. it did not abide by the requirements of the Service Regulations or by the criteria for promotion to which the complainants were themselves subject. The conclusion is that the complainants did suffer moral injury and each of them is entitled under that head to [compensation]".
Keywords:
appointment; breach; cause of action; condition; decision; equal treatment; general principle; good faith; grade; injury; moral injury; promise; promotion; staff regulations and rules;
Judgment 1791
86th Session, 1999
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 15-16
Extract:
"The complainants contend that [...] the impugned decision was in breach of [...] their right to a steady level of pay. [...] [T]hey maintain that [...] the Organization acted in breach of the general principle of the international civil service known as Noblemaire. The Tribunal is satisfied that there was no breach here of any principle of the international civil service. [...] [T]he measure the complainants are objecting to was exceptional and limited in time. As for their right to a steady level of pay, that measure neither changed the pay scales nor had any impact whatever on terms of employment in the long term. The conclusion is that there was no breach of acquired rights."
Keywords:
acquired right; amendment to the rules; breach; exception; international civil service principles; noblemaire principle; official; provisional decision; reduction of salary; right; salary; scale; terms of appointment;
Considerations 9-10
Extract:
"In support of their plea of abuse of authority the complainants accuse [the Organization] of scorning [...] the independence of the international civil service by giving in to a single government that was itself defying the principle [...]. There is not a shred of evidence to suggest that [the Organization] was yielding to [the] insistence [of one State]. The impugned decision was taken because of a resolution by the Council, the sovereign body that decides things scientific, technical and administrative [...]."
Keywords:
abuse of power; breach; discretion; executive body; general principle; independence; international civil service principles; member state; misuse of authority; official;
Judgment 1789
86th Session, 1999
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"[The Organisation] rejected [the complainant's application] on the grounds that he was overqualified [for the job put up for competition]. Such grounds are wrong in law. Yet they are the only ones on which the [organisation] rejected the complainant, purporting to act under R II 1.03 [of the Staff Regulations]. It thereby denied the complainant his right to apply and to have his application properly considered. There was breach of equal treatment."
Reference(s)
Organization rules reference: ARTICLE R II 1.03 OF THE STAFF REGULATIONS
Keywords:
breach; candidate; competition; criteria; discretion; equal treatment; flaw; grounds; procedure before the tribunal; right; staff regulations and rules;
Judgment 1765
85th Session, 1998
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
The International Civil Service Commission made a mistake in reckoning the multiplier used to work out the post adjustment in Geneva. "[The Organization] has the duty of checking the lawfulness of any decision by another body on which it bases its own decision. So too must it check the adequacy of action by that other body to correct any mistake it may have made, and make sure that such corrective action respects the rights of staff."
Keywords:
adjustment; breach; decision; icsc decision; organisation's duties; post adjustment; right; salary;
Judgment 1713
84th Session, 1998
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 14
Extract:
"The dropping, and even the phasing out, of the language factor is a decision that ignores the peculiarities of the employment market in Rome. It therefore amounts to breach of the right of general service staff to one of the terms of employment - namely pay - that must [...] be 'among the best in the locality without being the absolute best'."
Keywords:
breach; flemming principle; general service category; icsc decision; language allowance; official; salary;
Judgment 1548
81st Session, 1996
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 21
Extract:
The grounds for non-renewal being deterioration from 1990 in the complainant's performance and conduct, "the burden is on the Organization to show that its decision rested upon proper appraisal of the complainant's performance. [...] All the reports up to September 1990 having been satisfactory, the Organization's failure to have proper appraisal reports made since then is a flaw in the decision."
Keywords:
breach; burden of proof; conduct; contract; decision; different appraisals; flaw; non-renewal of contract; organisation's duties; performance report; period; procedural flaw; rating; unsatisfactory service; work appraisal;
Judgment 1542
81st Session, 1996
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"The complainant has no locus standi to make a claim against his former employer. After dismissal he no longer had any connection with the EPO in law. Nor, since he was in the EPO's employ for under ten years, is he entitled [...] to draw a pension: he can therefore derive no cause of action from the breach of any provision of the EPO's Rules and Regulations."
Keywords:
breach; cause of action; complainant; complaint; locus standi; receivability of the complaint; seniority; staff regulations and rules; status of complainant; termination of employment;
Judgment 1518
81st Session, 1996
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 11-12
Extract:
The President's decision on the complainant's internal appeal was made on the strength of internal correspondence that the complainant had never seen and that the Appeals Committee had never considered. "That constituted a gross breach of due process." Because of the breach of Article 113(1) of the Staff Regulations on the procedure before the Appeals Committee the President's decision must be set aside.
Reference(s)
Organization rules reference: ARTICLE 113(1) OF EPO'S SERVICE REGULATIONS
Keywords:
breach; case sent back to organisation; consequence; decision; decision quashed; flaw; internal appeal; internal appeals body; procedural flaw; procedure before the tribunal; right to reply; staff regulations and rules;
Judgment 1515
81st Session, 1996
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
Purchasing power at CERN has plainly declined during the last several years and recent rises in pay did not offset the fall, far from it. "Yet the trend does not amount to breach of a fundamental term of the appointment of CERN staff." The Tribunal finds no breach of acquired rights.
Keywords:
acquired right; adjustment; breach; cost-of-living increase; cumulative decisions; reduction of salary; salary; terms of appointment;
Judgment 1514
81st Session, 1996
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
As first set out in Judgment 986 [...] and reaffirmed in Judgment 1368, "the case law is that international officials may allege breach of an acquired right when there is impairment of an essential and fundamental term of conditions of employment; and that is so even where impairment is gradual and due to an accretion of final decisions which are no longer open to challenge and each of which, taken singly, would not itself have been deemed unlawful."
Reference(s)
ILOAT Judgment(s): 986, 1368
Keywords:
acquired right; amendment to the rules; breach; case law; cumulative decisions; judicial review; terms of appointment;
Consideration 12
Extract:
"The complainants put their cumulative loss at some 10 per cent of the purchasing power of their pay since 1990 [...] and say it impairs an essential term of employment. A fall in purchasing power below some critical point may indeed be breach of an official's acquired right. But, save where the written rules require the indexing of pay, not every financial setback the official may suffer will amount to such breach." (The Tribunal cites Judgment 832.)
Reference(s)
ILOAT Judgment(s): 832
Keywords:
acquired right; adjustment; breach; case law; cost-of-living increase; cumulative decisions; reduction of salary; salary; staff regulations and rules; terms of appointment;
Judgment 1510
81st Session, 1996
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"An international civil servant may not ordinarily impugn a general rule that does not affect himself. Yet he may challenge any individual decision that does him injury; in so doing he may support his claims with any plea he likes; and he may thus plead breach of some general principle or of a written rule or clause of his contract that constitutes a term of appointment." The complainants are "just as free to plead flaws in the material rules as any mistakes of law or fact in assessing the peculiarities of their own position."
Keywords:
breach; cause of action; complaint; contract; general decision; general principle; individual decision; receivability of the complaint; terms of appointment;
Judgment 1509
81st Session, 1996
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 16
Extract:
When the complainant lodged a claim to reinstatement "he was neither a serving nor a former official of UNIDO, to which he was no more than an outside applicant for employment and whose decision was in fact a refusal to recruit him. That decision raises no question of non-observance of the terms of appointment of an official of UNIDO, or of its Staff Regulations. So again the Tribunal may not entertain the claim."
Keywords:
appointment; breach; candidate; competence of tribunal; competition; complainant; contract; external candidate; locus standi; official; refusal; reinstatement; staff regulations and rules; status of complainant;
Consideration 12
Extract:
"Article II(5) empowers the Tribunal to hear a complaint which an official of an international organisation that has duly recognised its jurisdiction has filed and which alleges non-observance of either the terms of the official's appointment or the Staff Regulations. As the Tribunal said in Judgment 231 [...], those are 'two conditions which in practice coincide'. The reference to 'Staff Regulations' means those of the organisation of which a complainant is or was an official and does not include the Staff Regulations of any other."
Reference(s)
ILOAT reference: ARTICLE II(5) OF THE STATUTE
ILOAT Judgment(s): 231
Keywords:
applicable law; breach; case law; competence of tribunal; contract; declaration of recognition; iloat statute; locus standi; official; rule of another organisation; staff regulations and rules; status of complainant;
Judgment 1445
79th Session, 1995
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"Consistent precedent has it that there cannot be breach of equal treatment unless there is different treatment of officials who are in like position in fact and in law."
Keywords:
breach; case law; condition; equal treatment;
Judgment 1415
78th Session, 1995
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
Vide Judgment 1413, consideration 6.
Keywords:
breach; equal treatment; evidence; judicial review;
Judgment 1414
78th Session, 1995
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
Vide Judgment 1413, consideration 6.
Keywords:
breach; equal treatment; evidence; judicial review;
Judgment 1413
78th Session, 1995
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The complainant's charge of "discriminatory and unfair treatment is in too general terms to be entertained".
Keywords:
breach; equal treatment; evidence; judicial review;
Judgment 1384
78th Session, 1995
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 16
Extract:
The complainant was accused of removing computer equipment from the work place. For that reason the organization decided not to renew his fixed-term appointment. "The decision not to renew the complainant's contract was based on loss of confidence consequent upon the finding of misconduct. That finding was based on an error of law as to the burden of proof; rules of procedure relating to the right of defence were seriously violated; essential facts were not taken into consideration; and clearly mistaken conclusions were drawn from the facts. so the finding cannot stand, and the plea of loss of confidence which the organization based thereon must be rejected."
Keywords:
breach; burden of proof; conduct; contract; disregard of essential fact; evidence; fixed-term; misconduct; mistaken conclusion; non-renewal of contract; right to reply;
Considerations 17-18
Extract:
The organization accused the complainant of stealing computer equipment but failed to provide any formal evidence of theft. On the grounds of theft it decided not to renew his fixed-term appointment. The Tribunal sets that decision aside in part for the organization's breach of his right to a hearing and holds that "the flagrant disregard of his right of defence caused him further moral injury" for which he is entitled to an award of damages.
Keywords:
breach; moral injury; right to reply;
Judgment 1376
77th Session, 1994
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 19
Extract:
"Any organisation that is serious about deterring sexual harassment and consequential abuse of authority by a superior officer must be seen to take proper action. In particular victims of such behaviour must feel confident that it will take their allegations seriously and not let them be victimised on that account. In this case the WHO has utterly failed to protect the complainant's rights."
Keywords:
abuse of power; bias; breach; misuse of authority; moral injury; negligence; organisation's duties; right to reply; sexual harassment; staff member's interest; supervisor;
Judgment 1368
77th Session, 1994
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"The plea of breach of acquired rights is receivable and in ruling on it the Tribunal may take into account any issues of fact it deems material." Citing Judgment 986 [...], the Tribunal holds that "an employee may properly plead a decline in his situation tantamount to impairment of the essential and fundamental terms of his employment, even if the decline has been gradual and due to an accumulation of decisions which are no longer open to challenge and none of which, taken singly, would have been declared unlawful."
Reference(s)
ILOAT Judgment(s): 986
Keywords:
acquired right; amendment to the rules; breach; case law; cumulative decisions; flaw; judicial review; receivability of the complaint; terms of appointment;
Consideration 11
Extract:
"For the reasons given in Judgment 1329, under 6, the complainants may not directly seek the quashing of the Council's decision [...]. They may, however, challenge the individual decisions in their pay slips [...] by pleading the unlawfulness of the [Council's decision] and the infringement of any acquired rights they lay claim to under rules or contract."
Reference(s)
ILOAT Judgment(s): 1329
Keywords:
acquired right; application for quashing; breach; contract; general decision; individual decision; payslip; receivability of the complaint; staff regulations and rules;
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